Messages In This Digest (3 Messages)

Messages

1.

New dv and employment law decision from Oregon

Posted by: "Kim Wells" kwells@caepv.org   kwells2416

Thu Apr 10, 2008 3:13 am (PDT)


DOMESTIC VIOLENCE VICTIM SEEKING A RESTRAINING ORDER

IS PROTECTED FROM RETALIATION BY HER EMPLOYER UNDER OREGON LAW

A victim of domestic violence in Oregon now has protection against retaliation from her employer when she files a restraining order or reports her abuser's conduct to the police. On April 7, 2008, a jury in Bend found that an employer, who berated victim Allison Steele and fired her when she filed for a protective order to keep her abusive co-worker from coming to work, committed a violation under ORS 659A.230 and also was guilty of wrongful discharge under Oregon common law. The jury awarded Ms. Steele her back pay of $2464 on each claim and also awarded punitive damages against her employer, Snowline Manufacturing in Bend, Oregon, of $17,500 on the statutory claim and $10,000 on the wrongful discharge claim. In addition, Ms. Steele's attorneys are entitled to apply to the court for payment from defendant Snowline of attorney fees and costs.

This decision may be the first time that a jury has found that the Oregon statute ORS659A.230, which prohibits retaliation for initiating or testifying in a civil proceeding or for filing a criminal complaint, applies to a domestic violence victim's application for or seeking enforcement of a restraining order or reporting an abuser's criminal activity. The conclusion that such conduct amounts to a wrongful discharge is also the first known decision sanctioning an employer for finding that the public policy of Oregon was violated applying protection to a victim of domestic violence seeking to assert her rights as an employee.

Pleadings and research can be obtained from plaintiff's counsel:

Elizabeth McKanna or Dana Sullivan of McKanna Bishop Joffe & Sullivan, LLP (lmckanna@mbjlaw.com or dsullivan@mbjlaw.com) 503-226-6111.

Jessica Mindlin

National Director of Training and Technical Assistance

Victim Rights Law Center
, Portland Office

621 SW Morrison Street, Suite 900

Portland, OR 97205


Tel: (503) 274-5477; Fax: (503) 227-2530

E-mail: JMindlin@victimrights.org

www.victimrights.org

(Courtesy of CAEPV Advisory Board Member Robin Runge)

2.

Effective Workplace Series on Domestic Violence

Posted by: "Kim Wells" kwells@caepv.org   kwells2416

Thu Apr 10, 2008 6:06 am (PDT)



Dear CAEPV Members -a new report from the Sloan Work and Family Research
Institute at Boston College. Jane Randel, of fellow CAEPV Member Liz
Claiborne, is quoted in the report. Kim

__________________________________________________________
_______________________

The Effective Workplace Series on Domestic Violence is now posted on the
Network website at: http://wfnetwork.bc.edu/pdfs/EWS_DV.pdf

It is also featured on the home page at: http://wfnetwork.bc.edu/

Please feel free to distribute to your contacts in the domestic violence
arena.

_____________________________________

Judi C. Casey, MSW

Principal Investigator and Director,

Sloan Work and Family Research Network

Boston College Graduate School of Social Work

140 Commonwealth Ave, 3 Lake St Building, 2nd floor

Chestnut Hill, MA 02467

617-552-2866

617-552-9202 fax

caseyjt@bc.edu

www.bc.edu/wfnetwork

The premier online destination for work and family information.

_____

.

3.

CDC Releases First Report of Data from 16 States Participating in th

Posted by: "Kim Wells" kwells@caepv.org   kwells2416

Thu Apr 10, 2008 9:32 am (PDT)



April 10, 2008

Dear Colleague:

An estimated 50,000 persons die annually in the United States as a result of
violence-related injuries - approximately 137 people each day. Most
communities lack the information they need to understand and ultimately
prevent these deaths. Responding to this need, the U.S. Centers for Disease
Control and Prevention (CDC) established the National Violent Death
Reporting System (NVDRS) in 2002. NVDRS provides a comprehensive picture of
violent death because it combines information from toxicology reports, crime
reports, medical/coroners reports, death certificates, and other reports
related to each death. By taking the once fragmented pieces of information
and connecting them, NVDRS helps researchers and public health practitioners
see more about the circumstances surrounding the violent deaths.

CDC is pleased to present the first detailed summary of data concerning
violent deaths collected by NVDRS in the April 11, 2008 edition of Morbidity
and Mortality Weekly Report Surveillance Summaries (MMWR). The report,
"Surveillance for Violent Deaths - National Violent Death Reporting System,
16 States, 2005," summarizes data from nearly 16,000 violent deaths
occurring in 16 states in CDC's National Violent Death Reporting System
(NVDRS) for 2005. The report examines several types of violent death,
including incidents with multiple victims, provides up to date information
on the demographic characteristics of violent deaths, and describes
precipitating factors for violent deaths such as intimate partner violence
and relationship problems; mental health problems, and drug or alcohol use
at the time of death.

Findings show the majority of violent deaths included in the report were
suicides (56 percent); followed by homicides and deaths involving legal
interventions (30 percent); violent deaths of undetermined intent (13
percent); and unintentional firearm deaths (0.7 percent). Other key
findings in the report include:

* Approximately one third of homicides were precipitated by another
crime.

* In 79 percent of these cases, the crime was in progress at the time
of the incident.
* The crime was most often a robbery (40 percent), followed by assault
(16 percent) or activity related to the drug trade (10 percent).

* Nearly 46 percent of suicide victims were described as experiencing
a depressed mood. Almost as many were diagnosed with mental health problems
(42 percent), yet only 33 percent of all suicide victims were known to be
receiving mental health treatment at the time of death.
* Suicides by former and current military personnel comprised 20
percent of all suicides.
* Among military personnel suicides, 38 percent of decedents had a
physical health problem - nearly twice as many as non-military personnel.
* Two hundred violent incidents involved a homicide followed by the
suicide of the suspect.

* Seventy-five percent of victims were female, whereas 90 percent of
suspects (suicide decedents) were male.

* Relationship problems or intimate partner violence (IPV) were
precipitating factors for many forms of violence.

* Nineteen percent of all homicides were precipitated by IPV.
* Fifty-two percent of all female homicides were precipitated by IPV
compared with nine percent of all male homicides
* Thirty-two percent of all suicides were precipitated by a problem
with an intimate partner.

* Alcohol intoxication was involved in many violent deaths: of the
victims tested for alcohol (76 percent), nearly 60 percent were above the
legal limit of 0.08 BAC at the time of death.

Information in this report provides some important clues to focus prevention
efforts:

* Relationship problems or intimate partner conflict were
precipitating factors for many forms of violence. Programs designed to
enhance social problem-solving and coping skills, and skills dealing with
stressful life events have potential to reduce violence.

* Prevention programs and efforts aimed at addressing mental health
problems may reduce some of the precipitating factors for violence.

* Programs and efforts to increase education and outreach about
warning signs for violence are very important for prevention.

For more information on this report and NVDRS please visit
<http://www.cdc.gov/injury> www.cdc.gov/injury . You can also view an
electronic copy of this document at
<http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5703a1.htm>
http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5703a1.htm.

Sincerely yours,

W. Rodney Hammond, PhD.
Director, Division of Violence Prevention
National Center for Injury Prevention and Control
Centers for Disease Control and Prevention

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